GSR09 – Draft Best Practice Guidelines on
innovative regulatory approaches in a converged world
to strengthen the foundation of a
global Information Society
The technological and market changes that have taken place recently in the sector, following the advent
of IP technologies and broadband developments, have blurred the boundaries between the onceseparate telecom, Internet, broadcasting and media worlds bringing new players to the arena, driving
new opportunities and challenges. Network convergence looks today inevitable, being both convenient
for subscribers and creating new opportunities and revenue streams for market players.
Meeting the expectations of all Information and Communications Technology (ICT) stakeholders by
creating a environment conducive to sustainable economically efficient investment is critical to
stimulating growth of converged markets. This also calls for further regulatory reforms which, given the
current economic environment, may require innovative and forward-looking regulatory action. Yet,
countries around the world may follow different paths of development and use different strategies to
promote convergence based on the nature of their market.
We, the regulators participating in the 2009 Global Symposium for Regulators, have identified and
propose best practice guidelines for innovative regulatory approaches in a converged world to
strengthen the foundation of a global Information Society.
I.
Consumer focus
1. Regulators recognize that with increasing competition and the move towards convergence that
the role of consumer protection is more important than ever.
2. Regulators must work with other concerned agencies to ensure appropriate measures and tools
are put in place to safeguard Intellectual Property Rights (IPR), internet safety covering such
issues as protection of the child, fraudulent activities (identity theft, revenue assurance), Spam
and Phishing.
3. Regulators recognize that appropriate regulations have to be put in place which provide
consumers with the certainty in what is being purchased such as minimum guaranteed speeds
rather than promises of maximum speed for broadband access services such as DSL.
4. Regulators recognize the role in working with other agencies, where required, to increase the
level of ICT literacy and overall knowledge of the end-users in relation with respect to both the
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benefits and dangers that high speed internet connectivity can bring to their homes and
businesses
5. With the growing dependence of Government, Business and society on converged ICT services
Regulators recognize the importance of working with other agencies to ensure there is resilience
of networks and services and that contingency plans are in place to safeguard critical national
infrastructures as well as during times of national emergencies.
6. Regulators recognize the importance of all enterprises and Government in developing clear ICT
Policies for their own organizations building in such requirements as security, privacy and
controls on access to information which is a critical asset.
7. Regulators recognize ICT is both a contributor to greenhouse gases as well as a major tool in
assisting industry to reduce carbon emissions. Regulators will pay particular attention to all
environmental issues and where required issue Guidelines and Regulations to support the
nation meeting its environmental commitment.
II.
Promoting convergence to develop ICT markets and realize its benefits
1. We recognize that convergence is a market-driven process that can be either encouraged or
hindered by regulatory policies.
2. Nevertheless, we note that regulators need to be particularly attentive to the challenges
stemming from convergence, in order to pave the way for the establishment of a regulatory
environment that is transparent, is conducive to investment, fosters fair and greater
competition as well as innovation, promotes the development of new services and stimulates
the deployment of infrastructure.
3. We believe that, in doing so, policy-makers and regulators need to:
a. Introduce proportionate Regulations only when strictly necessary to promote
competition and support the achievement of policy goals.
b. Adopt a technology-neutral approach to facilitate the use of all transport mechanisms,
whether wireline, power line, cable, fiber optic, wireless, or satellite, while not
underestimating the potential of new and emerging technologies.
c. Adopt and enforce clear and non-discriminatory rules.
d. Adopt tailored convergent regulation on interconnection and access to network
components to provide for IP based Next Generation Networks in the core (NGN) and in
the access layer (NGA) network deployment, as well as appropriate tariff-setting models
adaptive to technological change.
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4. We note that VoIP may offer the opportunity for existing operators to take advantage of market
convergence to create new revenue streams while expanding access to ICTs at lower costs.
5. We recognize that regulators should be more involved in setting international standards relating
to convergence in order, for example, to ensure an optimum level of quality of service and
increased interoperability between different networks and service, in a constantly changing
technological environment.
6. Voice services, no matter which technology they use, should benefit from a flexible numbering
scheme and simple procedures not only at a national level, but also at an international level. A
coordinated approach to market evolution will foster effective market entry for new players,
flexible and fast number portability and fixed-mobile convergence.
7. Regulators may consider developing adequate provisions both in the fixed and the mobile
Internet access services to ensure network neutrality.
8. We recognize the importance of promoting universal access to broadband services, notably by
developing a broadband policy and a targeted universal access policy and by integrating these
policies with other sector policies and programmes (such as education, e-government, e-health,
e-commerce, etc.).
III.
Building effective regulatory institutions
1. We stress the critical importance of financially, operationally and politically independent
regulatory authorities empowered with suitable tools to ensure enforcement of the various
applicable Laws, by-laws and regulations, whilst at the same time being held accountable for its
decisions.
2. We recognize the importance of transparency as a core value for regulatory authorities thereby
ensuring consistent and a non-discriminatory decision making and ease of accountability.
3. We recognize the necessary burden that regulatory authorities place upon industry and
therefore the need for regulatory efficiency and expediency.
4. We recognize that the creation of a converged regulator in charge of ICTs and broadcasting
could be an effective step towards enabling market integration in a converged environment.
Should this not be feasible, closer coordination and collaboration between the sector specific
regulators in charge of ICTs such as broadcasting, media, IT and telecom regulatory authorities is
needed.
5. We note that wherever a converged regulator is established it may lead to greater consistency
and efficiency of regulation, in particular in areas such as Internet and multi-media services and
applications and ensure equal treatment of the various market players operating in direct or
indirect competition.
6. We recognize that a converged regulator will require skilled human resources and adequate
financial resources in order to perform its extended mandate.
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7. We also stress the importance of integrating into the mandate of the regulator strategic and
policy activities to build the information society, whilst nevertheless leaving the responsibilities
set out in sectoral legislation to each of the corresponding authorities (e-health to the health
authorities, e-learning to the education authorities, e-government to central government
authorities and so on).
8. We recognize that international cooperation between national and regional authorities is
essential in building a harmonized and coordinated approach to oversee the evolution of the
converged markets.
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IV.
Using regulatory tools to stimulate investment in a converged world
We recognize that, in order to stimulate investment to grow converged markets, regulators
need to further:
1. Promote self-regulatory schemes.
2. Build a future-proof regulatory framework by adopting technology neutral, administratively
simplified and flexible licensing regime providing for easy market entry of new players, such as
general authorizations and multiservice/unified licenses.
3. Encourage the roll-out of broadband infrastructure to remote areas by providing suitable
incentives schemes and/or by including roll out requirements in license agreements.
4. Foster competition in converged services over wireless networks through integrated spectrum
management, using market based tools such as auctioning to allocate spectrum more efficiently
while recognizing that spectrum is a public good.
5. Remove legal and ownership restrictions to Foreign Direct Investment (FDI).
6. Shift regulatory attention from retail to wholesale markets, i.e., by ensuring that alternative
operators have access to incumbent’s infrastructure (through passive sharing, local loop
unbundling, local sub-loop unbundling, bitstream access, etc.) to offer competitive services.
7. Consider applying effective and proportionate regulatory measures to enable the development
of convergent bundled services while promoting competition among market players.
8. Raise awareness of the benefits and risks of technological progress for the market and
consumers and consider regulatory measures to address issues such as personal and data
protection, protection of minors and protection of end-users from the malware.
9. Adopt appropriate incentive schemes to encourage the roll-out of broadband-capable
infrastructure (especially to remote areas).
10. Conduct public consultations and consider other collaboration mechanisms to further dialogue
with industry, consumers and other stakeholders, employing self-regulatory and co-regulatory
measures to the widest extent feasible.
11. Conduct periodic regulatory and market review, making the outcomes widely available and
using them to refocus national policies and strategies in place.
12. Create an environment conducive to research and development in which innovation is rewarded
and new products and services are efficiently brought to market.
V.
Stimulating growth in innovative applications and devices towards connecting the
unconnected
1. We believe that Governments and regulators have a role to play in stimulating demand for ICT
services and applications, in the framework of broader strategic goals, such as public institutions
connected with broadband, residential users and businesses connected, digital inclusion, social
cohesion and equality of opportunities, etc.
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2. We recognize the key role regulators play in overcoming connectivity challenges, fostering the
development of content in local languages, the availability of low-cost multifunctional devices,
encouraging innovative public private partnerships (PPPs) and using universal access
mechanisms to connect underserved areas more quickly while involving all stakeholders.
3. The realization of lower incremental costs arising through the deployment of NGNs and NGAs
and the consequent lowering of prices resulting from the sharing of common infrastructure
costs and the more rational use of resources, as well as the broadening of the array of services
and applications available to users, will encourage investment not only in the ICT sector, but is
likely to have a leveraging effect on other sectors and the entire economy.
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